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HomeMy WebLinkAbout01/18/1971 Business Meeting 150 JANUARY 18, 1971 The City 'Council met in regular session,..Mayor. Larson presiding,.Councilmen Brown., Keith, Lambert, Lust and :McNeice, City Manager - McMicken .and .C''ity Attorney Andrews .-present on roll call. Councilman .Robinson.absent..on.roll call, having been excused at a previous'meeting. The Invocation was givenl.by CityManager...McMicken. • The minutes. of the regular _meeting._of..January 11, 1971,..,.having -been certified. by two Councilmen, . and _no no one - ..present wishing to ' have."said minutes :._read...publicly,. Mayor Larson declared said _approved as..-recorded.'.' City Manager McMicken explained that a number of people .are...presen.t..regarding. a Notice of Intention to Commence Annexation...Proceedings, whichH.s'-not on.. -the: Agenda, and' also': a group of people are present regarding a matter on. :the'Agenda':later•.in_.the meeting, and_ :stated that some' -of these matters will_be.presented ` out order. Petition No. 680, Notice..of Intention- .to' Commence' Annexation Proceedings, having been filed with the City Clerk on January._ 18,- .1971,:byAntonioAlegria and:Others, requesting annexa- tion of property situated..between.West Chestnut and TietonDrive and.between.S. 56th and 60th Avenues, it 'was MOVED by._Keith, - .seconded :by - Lust . this _date be .set -..as .the time for a meeting with the.. initiating. partieswho: signed the Notice:..of Intention.....to.._ Commence Annexa- tion Proceedings dated January 18, 1971; those.initiating parties.b'bing.Antonio and Fern= tella Alegria, Herman J. and Phyllis M: Fischer; Frank J. and Sharon A..Fitterer, Ralph and Betty -L. Huck, James S. and Margaret-.H. Warnick, Marvin W...and.Marilynn J. Johnson, Roy Bush, Dan D. Smith.and Harlow J. Brown carried, Brown, :.Keith,:Lambert,.Larson, Lust and McNeice'voting aye by voice. vote... :. Robinson. absent. :The'.initiating_p.arties'who signed the Notice of Intention.to Commence-.. Annexation' Proceedingsbeing..present, and-Mr. .Alegria speaking; on. their behalf and.stating.that :they are'.willing to assume -their -share of the City's ekisting indebtedness, it was .duly moved, seconded and. passed :that t'he annexation proposed by petition no. 680 (Notice of Intention to Commence Annexation Proceedings) be -- accepted by-the- City.of Yakima and that the sought - to be annexed be required to assume the City's existing indebtedness.- The above MOTION was made by Keith, seconded by -Lust and carried, - Brown, Keith, Lambert,°- Larson; Lust.and McNeice voting aye.by voice vote. Robinson absent. . Mr :'Char-les Countryman, Attorney. representing Doherty.Amusement Corp. and Thompson.Amuse- ment Co., regarding an Ordinance. relating' to license and business regulations and repealing ordinances. licensing. pinball machines, card rooms.'and gaming-,devices, that has been prepar- ed for Council action.referred to his.-letterto the. Council members which urged the Coun- cil to refrain from.repealing the. =.:various sections of the Yakima..Municipal Code at this time. He stated that.they feel that::.it' °will do rib .harm these.Ordinances to be in effect 'a few.months until.it is certain...that be no further use for them as there is still legislation and court actions being.carried on that -could.change the present'r.ul- ings regarding pinball machines, card rooms and gaming devices. Mr. Countryman further stated that his clients have responded entirely to the request of the Yakima Police Depart- ment that pinball,games be discontinued and removed from various.premises within the City, that the..City C-lerk.has not.issued..licenses for the current licensing period, that no operator has insisted that the Clerk..do so, and therefore-no: one is in a position to com- - plain -if the ordinances remain on the books pending developments. After due dis- cussion,. : it.was MOVED by Brown,' seconded -by McNeice that this matter be tabled to a date - uncertain. City Manager McMicken stated that the City Clerk operates under the letter of the law, explained the licensing provisions.and -the fact that these can be repealed at - this time and later put back.on the books if necessary and that this Ordinance-has been prepared in.accordance with -the action of the City,-Council on 21, 1970, when they directed such legislation be..prepared.that.is necessary in order to conform t'o the State law accordance .with a request by. Police Chief Madden... Councilman Keith indicated that he feels that the request of< the Police.Chief should be previously decided by the City Council and that the proposed Ordinance-:should-be passed.. City Attorney Andrews stated that he is not as.convinced as Mr-.. Countryman' that- there -would be no harm in leaving these ordinances on the books for some time, that he feels =that .we would be running - a risk of violating the:FederaLCrime Act, and that - the City should do what it has announced that it is going to do regarding legislation on this matter. Mayor.Larson.called for the voice vote on,the Motion to table this matter: Brown-voting-aye by voice.vote. Keith, Lambert, Larson, Lust and McNeice voting nay- by'voice vote: Robinson absent. The Motion lost for- want of a majority vote. It was then...MOVED by Lambert, seconded by Lust that Ordinance No. 1281• relating to license and business regulations and repealing certain ordinances licensing.pinball machines, card rooms and.gaming.devices,.be passed as read: carried, Keith,; Lambert, Larson,•Lust -and..McNe -ice voting aye"on.roll call. Brown voting nay on roll call. Robinson absent. • • ORDINANCE - NO. 1281, AN ORDINANCE relating to license and business regulations; and repeal- - ing Subsection 5.12:.0.20 2, Sections 5.12.030and 5.12,080, and Chapters 5.20, "Card Rooms" and 5..- 36 "Gaming Devices ", all.of the City of Yakima Municipal..:Code. . This being the time fixed for the Hearing.on the Appeal from the Planning Commission's - decision.denying the Rezone - Application filed by George and Lucille Tucker and Others, requ'esting.rezone'.of pr.operty.located on the south.side of Lincoln Avenue between 16th and 22nd Avenues, Mr. Jay Otto, Director Planning and Community - Development, reviewed this matter briefly, from the time -the request for- rezone was first received, through the' - Planning Commission's Hearing and denial of said rezone. He referred to the P- lanning Commission meeting minutes. of December 4;:1970, which reviewed the situation and "gave the reasons for.denial of both. the Planned Development request of .George and Lucille Tucker and the Rezone Petition of George and Lucille Tucker, Donald H.' and Dorothy A. Ballew and Katherine Pond from the present R- 3-, Multiple - Family classification to a less restrictive B =3, General Business Classification based upon the followng. findings -of fact: • .1. The request conflicts with the. intent of. the General. Plan. 2. The granting of the rezone request would establish a =precedent for the strip - commercialtievelopment.of both sides of Lincoln Avenue from the Central Business District west to 24th Avenue. 3. The commercial development would generate conflicts in traffic movement thereby 'detracting from the useful life of the arterial street. - . Mr.' Otto also referred to the Traffic Engineer's report of August 26 1970, which gave a detailed report of the existing conditions; assumed" conditions, traffic generation; capa- city analysis,. accident considerations, a summary, and the - conclusions of the report stated (continued) • • JANUARY 18, 1971.., ' - that the ability. of. Lincoln. Avenue :.to. functionas :a._major..arterial would be seriously im- pared by ..full. strip. commercial . development, tle'buil.t- in,._: currently. unused, . capacity will undoubtedly be,.required to . handle...growth of . through.: traf f ic volumes, and that the ,'number of accidents per.mile would be directly. affected :by-the number :of commercial developments per mile. Mr.. Otto presented slides:.of the,area showing businesses -that are presently on both sides of Lincoln... Mr..Howard. Hettinger ttorney,.representing Mr. and Mrs. George Tucker, .as well .as Dr.: Ballew and.:Mrs. Pond in this . request, stated that his clients would.. like this _property..zoned..either,B =3, General Businessone.,.or- B -2, Local Business Zone,.as :is the.. adjoining .Buttrey - -Osco :.property, and .explained'in:.detail the reasons for this request, and the ..Appeal from .the Planning: in..- denying the rezone. He explained that Mr... and.Mrs. ..Tucker wish to :.move.'their rental business from the north • side .of- Lincoln..,Avenue. to..their..property'on :the - :south. side..for .which they-are requesting- - the ,rezone, and rather .than request_. r:ezoning'.ofr;�.thts: one :.property, , have been working with the °.other .property- owners . in . the vicinity. :: to . get :the :whole area .rezoned . for . commercial use...Mr..Hettinger.pointed out that the`structureson these properties are old and not re- ,pairable., that P.. P..& L:; although.not one of the signers of this .rezone application,is • .willing to go along with the zonirig.and plans to :sell:,their property., He then referred to • the:canaI and the high .bluff that. runs- along the.back - of - these properties and stated that . these are :not.condusive.to residential buildings "or•multiple dwellings for which it is now presently zoned.. He asked:Elry Granstrand and:Robert Schultz.., who deal in real estate, to speak to the matter. of whether.they.feel that itself to multiple- dwell- .. ings. : Mr. Granstrand statedthat.he wouldn'.t build apartments in the area because they would.have.a northern exposure and with the.cliff the back, it would be dark, would be,more difficult to rent. Mr. Schultz also.stated•that he doers not think that this is.a good location for multiple dwellings. Mr: Gordon Hanson, Attorney, also representing.Mrs.. Pond, to the matter of the - .traffic problems on the Arterial which the Planning. Commission feels would be. generated if more businesses. were: allowed.in_this area and • stated that the feels, - -more, traffic .would'be generated if a number of housing units were built in . the.area. Dr. Ballew,concurred_.with the- comments..of Mr. Hettinger and Mr. Hanson'in speak- ing.in favor,of the Rezone:. Mr. Herbert Grant, property owner..in this vicinity, spoke. in favor'bf the Planning Commission's..decision in.denying this rezone, stating_ that he had been against the Buttrey -Osco- rezone and isagainst.this on Council members indicated that they feel that there are still . a lot of things-they-do-not know about this matter, that there is.no indication as to what for the properties other than the Tucker property; and tha.t...it would seem, to be better to go back to the Planned Unit Development .. for the Tucker property that was previously turned - down the Planning Commission, as . ..it _does .indicate .exactly what..-is ,planned :for, an area They asked ' if it would be _possible for the B -2 :'Zone :request to.be.denied and .the.Planned - Unit•Development for the Tucker property. to .be considered, - .and._if the '.other' property owners. come in with - a Plan, if that can be considered as a .par.t, of,. considering` the : appeal filed by the .Applicants. City . Attorney Andrews indicating that he woui.d like :to review the matter before giving an • opinion,.,- it'was MOVED by Keith, secondedby Lust that this matter be_continued for two weeks. or.until,February. -.1,.1971.:.. carried,.Brown,.Keith, Lambert ;_Larson, Lust and McNeice . voting aye.by.voice vote. Robinson absent. . Mayor Larson reported for, the information of the Council, that in..accordance with,Council action of December 28, 1970, and.the- passage Resolution No.. D-1575 finding and declaring the need for a Housing Authority to. function .in the City o.f; Yakima - and..authoriz.ing the implementation-of such. a Housing Authority, ..he has •appdnted sa- id :'Housin'g Authority, with the.terms to begin February 1,_1971; as follows: \/ Thomas :Hargis,.'Jr., Chairman, -- 1 y-r. term to expire January 31, 1972, Reverend Howard Cole, • . -- - 2 :yr. term to expire. January- 31, 1973, Henry Beauchamp, • -7 yr.•term to expiry January 31, 1974, - - Thomas Bostic, •-- 4 yr. term to expire January 31 ;:1975..,.• Hans.Skov -- 5 yr. term to expire January 31:, 1976. City Manager McMicken - referred the.matter.of the Notice of antitrust action by the.State of Washington.against..auto manufacturers and their.dealers,. to City Attorney Andrews who explained that a letter was sent.to all cities in the: State from the Association of Wash- ington Cities asking them to participate He.read.this letter which explained the details of the suit.to be filed deals: with the fixing of, prices or determining.of a range of prices, in,advance.of any bid being made, and the government investigation of conspiracy. Mr. Andrews stated that he had talked.with Mr. O'Connell of the State Department who reported•that •at•this the case has not been filed in the State of Washington, and indicated that at'the:presentt time :he•does not know how much it will cost the City to join in this.suit. Mr. Andrews reported that when the «City called for bids on Police vehicles recently, they had planned to purchase 13 vehicles, but found that the lowest bid would only buy 10, as the cost had gone up $1458 per vehicle from the prev- ious year, or a 38% increase...Mr :'Robert'Lynch, local. automobile 'dealer, being present, spoke;: to this.matter, stating that some wrong things have been written about this s.itua- tion and that he feels that the State .Government , wrong- in taking .this •action. , .He' ex- plained that for.many years government agencies - have been given large discounts in purchas- ing vehicles and that the manufacturers can no longer afford to give.. these discounts,.which • is the reason the.prices are much higher this year. Mr. Lynch asked, that the City Council take a long look at the situation before they join in.any suit, and that they prevail upon the Association.of.Washington Cities the same thing, as he does not feel there is any conspiracy or price fixing.going on. City Andrews,.stated that no action is expec- ted at•this time and that he will report on the.situation at a later time.— • City- Manager McMicken..explaining that..a.request.for segregation of property and assessments No. 972 , .North and South First ..Street Water °.District, - has . been ijade because the Cabana Motor Hotel has..sold part of its .property, it :was MOVED.by Brown, seconded by Lam- bert that Resolution No,-D-1581. ordering the segr. e. gation.of.said..assessment,..be passed as read:.carried, Brown, Keith, Lambert, Larson, Lust and McNeice- voting aye on roll call. . Robinson absent. . • RESOLUTION NO. D- i581,.A RESOLUTION ordering segregation of an assessment in Local Improve- ment District No. 972. .. ..• City Manager McMicken explaining..that.in- connection with the current public improvement . project, "B Street. and Lincoln Avenue Bridge Overcrossings "•Butler and Walls, M.A.I., have performed and, are performing professional services, accordance with prior - informal arrangements made between that firm and the City, and it. seems desirable to .formally auth- . orize and ratify the hiring of such services from said firm, it was -MOVED by Brown, second- ed by Lambert that Resolution No. D -1582 authorizing and ratifying the'hiring of Said AA x.52 . • JANUARY 18, 1971 services from said firm, be . passed.. as.,read car.red.,.-..Brown,. Keith., .Lambert., Larson, Lust and McNeice voting aye_ .on ..roll call..... Robinson - 'absent . RESOLUTION NO. D- 1582, A. RESOLUTION.authosizing and.. ratif. ying ..hiring...o.f_.professional appraisal services from-Butler-and, Wal.-ls., _M.A.I. Cith Manager McMicken referring-.to the. matter of .certification..by the .Ci.ty_Eng.ineer of the completion.of work on Intersection..Signalization and: Illumina .tion_of...Lincoln_Avenue - "B" Street Couplets, and recommending -that the' work be :accepted and.-.final payment..in the amount of $2,315.70, be made, it .was MOVED by McNeice, seconded by Lust.that.the report of the City Engineer dated January 14 ... , .1971, - with . r.espect' - to -the completion.of the work on Public Works Contract, Intersection•Signalization and of.Lincoln.Av.enue_- "B" Street Couplets, be-approved, the work.be- accepted:and of the,..final.estimate.as.therein set forth.is.hereby_authorized:.. carried, Brown, Larson, Lust.and McNeice voting aye by voice vote. .Robinson.absent. City Manager McMicken reported that the. Yakima.area. transportation.study . is progressing and that a meeting was held last.week..on..the State outline,'the.extent...of its.study and some, of , its ramifications, and -tha.t -the .cost . of The study ' is $227,000. He.. further .reported that this is the first..report:of the.cost_ and that.a further and revised -.budget _ will -be prepared in which the amount of,Federal.participation and the contribution -of the City will be iden- tified, and that they are.talking.about.a.two -year time.period.on the. matter. Mr. McMicken stated that Jay. Otto,•Director..of.. Planning :andCommunity Development_ has-been-elected as - technical advisor_.to be on -the Commi.ttee..and.that other.members.of this Committee will be Public Works.. Director John.. Mayo,.. the. County - .Engineer,--the County.. Planning.Director, Ed Sparks, Selah City Supervisor and someone from:Union Gap.- ..He.- further stated that the next step is to prepare the Prospectus, which will not cost us any money but will cost some time. City.Manager McMicken asked Fire -Chief Jules.Shockley to report- on.overtime•worked by the Department as a result of.the.Washington Hotel Fire. •Chief Shockley stated that eleven 24 -hour shifts had been worked with $1257 being spent on overtime during the.month of Dec - ember, 1970, and gave a brief.report on the matter and on overtime worked in. general during the year of '1970. He that.$15,780 was budgeted for 1970, with $16,989 being spent, which is about $1200 over the budgeted amount, and that $18,000 has been budgeted for 1971. City Manager McMicken.reported.that he .received a: letter from the. American Insurance Assoc- iation today which states that the of Yakima has its 3r(I.Class Rating and that because .of the Water - System improvements :that have been made-..and other improve- ments, that the deficiency. points went from 1456 to 1115. He congratulated Fire Chief Shockley, Director _of Public Works, John Mayo and Public Utilities Director, Frank Stein, stating that all had a..part in the improvements that made this rating possible'. City Manager McMicken reported that:a letter had been received from JudgeGeorge Mullins upon his completion of service.'in the City Justice Court and .explained that the District. Court reorganization has placed him under that system and he is the presiding Judge. Judge Mullins has filed with the City a summary of the cases for 1970 as compared to 1969. City Manager McMicken requesting approval for Assistant Director of Parks and Recreation, Emil Kissel, to attend a 3 -day Continuation Education Clinic on Tree Maintenance, Facility and Area. Maintenance and Problems and Solutions.in Turf Management. in.Portland,.Oregon, , from January.18. through January...20, 1971, it was MOVED by Keith, seconded by McNeice that said travel be approved..with..expenses . paid:.carried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye ^ by voice.vote., Robinson absent. There being no further business to come before the Council,•it.was MOVED by .Lust-, seconded : by Keith_ that we .do .now. adjourn. at the hour .of 1105 P.M.: carried, Brown,. Keith, Lambert, Larson,. Lust and McNeice-.voting aye by 'voice vote'. Robinson absent. READ AND CERTIFIED ACCURATE 4 .(i)/L-)14. . DATE. C- COUNCILMAN II - :_ ._. DATE \ -.1.1. -11 1. '4.- COUNCILMAN ATTEST: j„ ___ 4 - ! l ! r ■7L , - C I T Y ' C E ' K / M A Y O R / II • •